P. v. Dabbs CA5
Pursuant to Penal Code section 1170.18, subdivision (f), a portion of Proposition 47, defendant Anthony Dabbs petitioned the superior court to reclassify as a misdemeanor his prior conviction of possessing stolen property, a conviction for which he had completed his sentence. The court denied the petition, citing the fact that the record indicated he had been charged with a residential burglary, a charge that was dismissed pursuant to a plea agreement when Dabbs entered a plea to the count of possessing stolen property.
In so ruling, the court failed to apply the correct standards for deciding the petition, as the existence of a dismissed charge is irrelevant to the decision on an application under section 1170.18, subdivision (f), for reclassification of an offense for which the sentence has been served.
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